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Terminations

Employees rarely win emotional distress lawsuits.

07/01/2004
When a pharmacist sued for unpaid overtime, he also added an “emotional distress” claim, saying the company’s failure to pay overtime caused him to resign. The court didn’t buy it, saying …

Don’t stretch truth in exchange for lawsuit waiver

07/01/2004
Issue: When will a court hold you to an employment contract? Risk: Promising a former employee that you’ll fudge the truth on job references in exchange for a lawsuit waiver …

Can employees harass co-workers in the name of ‘creativity’?

07/01/2004
If your workplace has a “creative” side to it, listen up: A court has ruled for the first time that you can defend a sexual harassment claim by arguing a “creative …

Check the validity of reasons behind a supervisor’s call for firing

07/01/2004
If you’re involved in termination decisions, don’t always take supervisors’ comments at face value. Consider doing your own investigation before taking action. Your goal is to independently verify the information you’re …

You don’t have to accept after-the-fact proof of FMLA leave

07/01/2004
The Family and Medical Leave Act (FMLA) requires workers to give their employers notice of their need for leave. But you have the right to deny leave when the provided information …

High court gives ‘quitters’ new legal power

07/01/2004
Don’t make the mistake of assuming that your obligation to investigate a harassment complaint ends when the victimized employee quits.
Reason: The U.S. Supreme Court just ruled that employees who …

Don’t let employees bully you into dictating their employment terms

07/01/2004
You don’t need to let an employee set a bad example by trying to force concessions from you that aren’t required in a collective-bargaining agreement or employment contract. Turn the tables …

More reason to stop harassment: Even ‘resignees’ can sue

07/01/2004
Issue: Whether employees who resign have the same right to file harassment lawsuits as those who are fired. Risk/benefit: A new Supreme Court ruling says “Yes,” quitters can sue. But …

Supreme Court expands filing window in ‘Section 1981’ cases

06/01/2004
The U.S. Supreme Court last month set a four-year statute of limitations in so-called “Section 1981” discrimination cases.
While most employees file discrimination cases under Title VII of the Civil …

States aren’t immune from ADA lawsuits, high court says

06/01/2004
The Supreme Court ruled May 17 that disabled people can sue state governments for failing to provide them access to courthouses, voting booths or other public services.
Previously, states had …